Advertising a regulated health service

The National Law establishes requirements for advertising a regulated health service. These requirements are important for public protection and help to ensure the public receives accurate and honest information about healthcare services. Unlawful advertising may compromise the healthcare choices of the public.

If you are advertising a regulated health service¹, your advertising must not:

• be false, misleading or deceptive, or likely to be misleading or deceptive
• offer a gift, discount or other inducement, unless the terms and conditions of the offer are also stated
• use testimonials or purported testimonials about the service or business
• create an unreasonable expectation of beneficial treatment, or
• directly or indirectly encourage the indiscriminate or unnecessary use of regulated health services.

The Guidelines for advertising a regulated health service have been developed to help registered health practitioners and other advertisers understand their obligations when advertising a regulated health service.

The Medical Board of Australia has also published the Guidelines for registered medical practitioners who advertise cosmetic surgery to explain the requirements for medical practitioners when advertising cosmetic surgery.

Increased maximum penalty for advertising offences

In 2022, the National Law was amended and one of the changes was to increase the maximum penalty for advertising offences. For an individual, the maximum financial penalty per offence increased from $5,000 to $60,000, and for a body corporate the maximum financial penalty per offence increased from $10,000 to $120,000. The process for managing advertising breaches under the National Law is set out in section 1.3 of the guidelines.

As of July 2024 these increased penalties now apply in all jurisdictions, including Western Australia.

The advertising guidelines will be updated to include the changes when the advertising guidelines are next reviewed.

New protections for the title 'surgeon'

The only medical practitioners who can call themselves ‘surgeon’ are those holding specialist registration in surgery, obstetrics and gynaecology, or ophthalmology. Restricting the use of the title surgeon follows an amendment to the National Law that introduces a new section 115A ⁽²⁾.

Medical practitioners who do not hold specialist registration in surgery, obstetrics and gynaecology, or ophthalmology will no longer be able to use the title ‘surgeon’. All references to ‘surgeon’ must be removed from all advertising including (but not limited to) websites, social media, letterheads, business cards and clinic windows.

Medical practitioners with general registration or specialist registration in a different specialty such as general practice or dermatology cannot call themselves ‘surgeon’, including ‘cosmetic surgeon’.

The new section only applies to registered medical practitioners. It does not change the rules for use of protected titles by health practitioners with specialist registration in the dental and podiatry professions.

The advertising guidelines will be updated to include the changes when the advertising guidelines are next reviewed.

Check and correct your advertising

Not sure you are meeting your obligations? Have you been contacted by Ahpra about your advertising? Follow these steps to make sure you comply with your professional and legal obligations.

• Check all your advertising against the requirements of the National Law and identify any content or claims that do not meet these requirements.
• Correct any content that does not meet the National Law (explained in our advertising guidelines common to all National Boards).
• Consider seeking advice from your insurer, legal adviser or professional association if you’re still not sure that you comply with the National Law.

Resources to help you

This information is to help you check and correct your advertising to comply with the National Law. It is for guidance only and does not replace independent legal advice. Advertising resources can be found on the Ahpra website in the Advertising hub. 

• Guidelines for advertising a regulated health service 
• Acceptable evidence in health advertising
• Summary of the advertising requirements
• Common examples of non-compliant advertising
• Self-assessment tool
• Testimonials: Understand the requirements
• Using titles in health advertising tool
• FAQ

Further information

• Advertising compliance and enforcement strategy for the National Scheme
• Advertising complaints 
• Advertising cases heard by tribunals and courts

¹A regulated health service means a service provided by, or usually provided by, a health practitioner (as defined in the National Law).
²The amendment is expected to take effect in NSW, SA and WA following state legislative processes.